Introduction to the Law
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Transcript Introduction to the Law
Jody Blanke, Professor
Computer Information Systems and Law
Mercer University, Atlanta
The Law Evolves
“The laws of society are more powerful than any law
that Congress can put on the books. Woe to any
businessman who doesn’t read the laws of society and
understand them.”
Tom Stephens, CEO of Manville Corporation, 1988
Law and Public Policy
“Public law – the formal rules embodied in
constitutions, statutes enacted by legislatures, judicial
decisions rendered by courts, and regulations
promulgated by administrative agencies – both
reflects and helps shape social expectations.”
Constance Bagley and Diane Savage, 2009
Schools of Ethical Thought
Deontological
Duty-based ethics (rights-based ethics)
Focus is on the action
Moral duties, e.g., tell the truth
Immanuel Kant
Categorical imperative
“What if everyone acted in this manner?”
Schools of Ethical Thought
Teleological
Outcomes-based ethics
Focus on the consequences
Utilitarianism
“Greatest good for the greatest number”
Cost-benefit analysis
Jeremy Bentham
John Stuart Mill
Corporate Social Responsibility
“There is one and only one social responsibility of
business – to use its resources and engage in activities
designed to increase profits so long as it stays within
the rules of the game, which is to say, engages in open
and free competition without deception or fraud.”
Milton Friedman, Nobel Prize winner, 1972
A.P. Smith v. Barlow (1953)
1982 Chicago Tylenol Murders
Sept. 29 – the first of 7 people died
after taking Tylenol capsules
purchased in the Chicago area
Tylenol accounted for 15% of J & J’s net
earnings of $468M in 1981
Tylenol held 35% of the $1.2B painkiller market
Oct. 5 – J & J recalled 31 million bottles of Tylenol
(worth an estimated $100M)
Tylenol quickly recaptured market share
Prompted change to caplet and tamper-evident safety
seals on boxes and bottles
The Rules of Society
Regina v. Dudley and Stephens (1884)
Balancing Rights
Kelo v. New London (2005)
90-acre development plan
115 privately owned properties
Balancing Rights
Poletown v. Detroit (1981)
GM wanted to keep 6,000 jobs in Detroit
Poletown was 465 acres, had 4,200 residents, 1300
homes, 140 businesses, 6 churches, 1 hospital
Balancing Rights
Poletown 1961
Poletown 1997
Balancing Rights
Chattanooga, Baltimore
Promoting Values
Charitable Immunity
Flagiello v. Pennsylvania Hospital (1965)
Good Samaritan Laws
The Death of Lady Di
The Seinfeld Finale
Van Horn v. Watson (2008)
Playing By The Rules
Merck – Vioxx
risk